GUJARAT NGO WITHDRAWS $1.058 BILLION DEFAMATION SUIT AGAINST BBC OVER MODI DOCUMENTARY

Mon 07 September 2026:

Delhi High Court allows withdrawal with liberty to file a fresh case

A Gujarat-based non-profit organisation has withdrawn its $1.058 Billion defamation lawsuit against the British Broadcasting Corporation (BBC) over its documentary on Prime Minister Narendra Modi, more than two years after the case was filed in the Delhi High Court.

Justice Tushar Rao Gedela permitted the withdrawal on September 3 after the NGO’s counsel, advocate Siddharth Sharma, told the court that he had instructions to withdraw the proceedings and requested permission to file a fresh suit over the same cause of action.

“Accordingly, the IPA 1/2023 along with the suit is dismissed as withdrawn with liberty so sought, granted,” the court said in an order made public on September 7.

The decision brings an end, for now, to proceedings that had remained pending since January 2023.

NGO sought $1.058 Billion in damages

The case was brought by Justice on Trial, a Gujarat-based non-profit group, over the BBC’s two-part documentary India: The Modi Question.

The organisation alleged that the documentary damaged the reputation of India, its judiciary and Modi. It sought $1.058 Billion in damages for the alleged “loss of reputation and goodwill caused to the Hon’ble Prime Minister of India, the Government of India, the Government of the State of Gujarat as it was during the period of the Gujarat riots, and also the people of India”.

The NGO argued that the government and judiciary had responded to the 2002 Gujarat riots by seeking to restore the rule of law and ensure that those responsible faced consequences regardless of their status. It alleged that the documentary was defamatory because it failed to present the facts objectively.

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Court-fee issue complicated proceedings

Because of the enormous value of the claim, Justice on Trial applied to pursue the case as an “indigent person” under Order XXXIII of the Code of Civil Procedure.

The provision allows individuals or entities unable to pay court fees to initiate proceedings without making the required payment upfront. Since Delhi High Court fees are linked to the value of a claim, the NGO would otherwise have faced court fees running into crores of rupees.

The High Court issued notice to the BBC on the Indigent Person Application in May 2023. However, summons in the main defamation case were never issued, with the court having issued notice only on the IPA.

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The maintainability of the proceedings subsequently became a key issue. The case also faced repeated adjournments and questions from the court regarding whether it could proceed.

In September 2023, Justice Sachin Datta issued fresh notices to BBC UK and BBC India after the court was informed that earlier notices had not been served.

The proceedings continued to face delays. In April 2026, the High Court imposed $211,66 in costs on Justice on Trial after another adjournment was requested. Justice Mini Pushkarna noted that the NGO had already been given a final opportunity in December 2025 but again sought an accommodation because of the engagement of its arguing counsel.

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Controversial BBC documentary

The two-part documentary was released in January 2023 and examined the 2002 Gujarat riots, which largely affected Muslims, as well as Modi’s tenure as Gujarat chief minister during the violence.

It cited a previously unpublished UK Foreign Office report that questioned Modi’s role during the riots.

The documentary triggered a major political controversy in India. The central government ordered social media platforms to block access to the programme, directing YouTube to remove copies and Twitter, now X, to take down related posts.

The government described the documentary as “propaganda” reflecting a “colonial mindset” and said it promoted a “discredited narrative”. Authorities also pointed to the Supreme Court’s finding that there was insufficient evidence to establish wrongdoing by Modi.

The BBC defended the documentary, saying it had been rigorously researched and produced according to its highest editorial standards.

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Other legal cases followed

The documentary also prompted several legal proceedings.

In February 2023, the Supreme Court rejected a public-interest petition seeking a ban on the BBC in India, describing it as “completely misconceived”.

That same month, the Income Tax Department conducted a “survey” at BBC offices in Delhi and Mumbai. Opposition parties linked the action to the documentary, while authorities maintained that the exercise was unrelated.

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A separate defamation case brought by BJP leader Binod Kumar Singhania against the BBC over the documentary remains pending before the Rohini District Court. That court had previously observed that Delhi courts lacked jurisdiction in the matter.

With Justice on Trial now having withdrawn its case with permission to file afresh, it remains to be seen whether the NGO will initiate new proceedings and whether it can address the maintainability and court-fee issues raised by the Delhi High Court.

SOURCE: INDEPENDENT PRESS AND NEWS AGENCIES

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